Bajrangi Singh @ Sandeep Singh @ Bajrangi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25596 of 2022 Arising Out of PS. Case No.-330 Year-2019 Thana- MANJHI District- Saran ====================================================== Bajrangi Singh @ Sandeep Singh @ Bajrangi, Son of Raju singh, Resident of Rawal Tola, P.S. - Chapra Town, District - Saran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harish Kumar, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 05-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Manjhi P.S. Case No. 330 of 2019 registered for the alleged offences under Sections 30/30 (a)/ 38 (i) (ii) of the Bihar Prohibition and Excise Act.

The prosecution case is that a truck was intercepted during checking of vehicles and 2690.800 litres of illicit India made foreign liquor was seized from the truck. The co-accused driver and cleaner were apprehended and they disclosed the name of this petitioner, who was supposed to receive this

Patna High Court CR. MISC. No.25596 of 2022(2) dt.05-07-2022 2/3 consignment.

The learned counsel for the petitioner submits that the petitioner is innocent and he has nothing to do with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner and it is clear from the FIR that the petitioner is not the owner of the truck. The petitioner has not been apprehended from the spot and he is not involved in the illicit trade of liquor. The persons, who were apprehended from the spot, have been granted bail by this Court vide order dated 15.06.2020 passed in Cr. Misc. 16260 of 2020. The petitioner is in custody since 22.02.2022 and is having clean antecedent. Learned APP opposes the prayer for bail submitting that the petitioner was intended recipient of the illicit liquor.

Having regard to the submissions made hereinabove and considering the fact that the petitioner has not been apprehended from the spot and the co-accused persons apprehended from the spot have been granted bail by a coordinate Bench of this Court and further considering the period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.25596 of 2022(2) dt.05-07-2022 3/3 at Chapra in connection with Manjhi P.S. Case No. 330 of 2019, subject to the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T